Bar Restaurant Training LLC
Terms and Conditions of Use.
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE TRAINING), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING BARRESTAURANTTRAINING.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS BARRESTAURANTTRAINING.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
Bar Restaurant Training, LLC.
102 Oak Place
Houston, TX 77006
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications thereto.
“Services” refers to the online training portion of the Site and the contents thereof.
“Subscriber” refers to any person or entity that purchases or uses a subscription to the Services.
“User,” “You” or “Your” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
“Website” or “Site” refers to the website maintained on the World Wide Web by barrestauranttraining.com, available at http://www.barrestauranttraining.com, and includes the Services.
3. Limited License.
barrestaurranttraining.com hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information provided with the Services according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.
Each Subscriber may only allow its employees and agents to access the Services training. If the Subscriber’s license terminates, the Subscriber’s employees and agents shall no longer have Access to the Services. Each Subscriber agrees that the online training may not be Accessed by more than the authorized number of Users purchased by the Subscriber. Each User shall be authorized to Access the online training from any Internet connection.
A Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.
4. Fees; Renewal; Refund Policies.
Subscription fees are non-refundable; except that subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees. Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates. barrestauranttraining.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that barrestauranttraining.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription. barrestauranttraining.com may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
5. Access to the Online Training; Modification of Content.
barrestauranttraining.com strives to provide the online training to its Subscribers on a continuous basis. However, from time to time, Subscribers may be unable to Access the online training due to conditions beyond barrestauranttraining.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the online training to its Subscribers, barrestauranttraining.com will take commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
barrestauranttraining.com endeavors to provide the highest quality content to its Subscribers. To that end, barrestauranttraining.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
6. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects barrestauranttraining.com’s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
Permit or provide others Access to the online training using Your user name and password or otherwise, or the name and password of another authorized User.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
Violate or attempt to violate barrestauranttraining.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
Engage in any other conduct which violates the Copyright Act or other laws of the United States.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or barrestauranttraining.com.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by barrestaurranttraining.com.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site.
Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, barrestauranttraining.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Services to any person or entity whose use of the Services suggests Prohibited Conduct in our sole discretion. Access to the Services in abnormal patterns of use that suggest systematic copying of the materials constitutes abuse of the Services and will result in revocation or denial of Access to the Site and/or Services. The terms “abnormal patterns” and “abuse” shall be determined solely by barrestauranttraining.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
7. DISCLAIMERS AND LIMITATION OF LIABILITY.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BARRESTAURANTTRAINING.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BARRESTAURANTTRAINING.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARRESTAURANTTRAINING.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULTS OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BARRESTAURANTTRAINING.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BARRESTAURANTTRAINING.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BARRESTAURANTTRAINING.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
8. LIMITATION OF LIABILITY.
BARRESTAURANTTRAINING.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, ARISING FROM OR RELATED TO THIS SITE AND/OR SERVICES AND THE CONTENTS THEREOF, EVEN IF BARRESTAURANTTRAINING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BARRESTAURANTTRAINING.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BARRESTAURANTTRAINING.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
9. Third Party Content; Hyperlinks.
You acknowledge that barrestaurranttraining.com does not pre-screen third party materials. barrestaurranttraining.com is not the publisher or author of any information on the Site that is provided by third party content providers, and barrestaurranttraining.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and barrestaurranttraining.com’s use of the content constitutes neither an endorsement nor a recommendation by barrestaurranttraining.com of the content. barrestaurranttraining.com assumes no responsibility for third party products or services.
barrestaurranttraining.com may contain links and references to other third party websites and materials. barrestaurranttraining.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. barrestaurranttraining.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. barrestaurranttraining.com may disable any hyperlink to the Site. barrestaurranttraining.com has the right but not obligation to monitor third party websites and hyperlinks to the Site.
BARRESTAURRANTTRAINING.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, BARRESTAURRANTTRAINING.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
10. User Provided Content.
In the event that User provides any materials or content for use on the Site or Services, barrestaurantraining.com shall not be liable for claims related to such materials or content. User grants barrestauranttraining.com a license to use and display the materials under this Agreement. User agrees to indemnify and hold barrestauranttraining.com, its subsidiaries, affiliates, employees, agents, officers, members, managers, and directors harmless from any loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection with any User provided materials or content.
11. Copyrights, Trademarks and Other Proprietary Rights.
barrestaurranttraining.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by barrestaurranttraining.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of barrestaurranttraining.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of barrestaurranttraining.com’s intellectual property except as set forth in Section 3.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to barrestaurranttraining.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
13. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. barrestaurranttraining.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. barrestaurranttraining.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the ONLINE TRAINING. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify barrestaurranttraining.com immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify barrestaurranttraining.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. barrestaurranttraining.com will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by barrestaurranttraining.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
barrestaurranttraining.com will never ask You for Your password. If You need a new user name and/or password, barrestaurranttraining.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
14. Termination of Agreement.
In addition to barrestaurranttraining.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. barrestaurranttraining.com may also terminate Access to the Services or cancel subscriptions to the Services without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or are engaged in conduct that barrestaurranttraining.com deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 4, 6, 7, 9, 11, 12, 13, 14, 15, 16, and 17 shall survive termination. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between barrestaurranttraining.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between barrestaurranttraining.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, barrestaurranttraining.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. barrestaurranttraining.com’s remedies are cumulative and not exclusive. Failure of barrestaurranttraining.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. barrestaurranttraining.com makes no representation that the content of the Site is appropriate or available for use in all locations. barrestaurranttraining.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.
17. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Texas law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and barrestauranttraining.com shall be finally resolved through binding arbitration in Houston, Texas. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Texas Superior Court, County of Harris or the United States District Court for the Southern District of Texas. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Texas Superior Court, County of Harris or the United States District Court for the Southern District of Texas for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: August 1, 2012